[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6156 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 6156

  To provide for the exchange of certain land in the Lincoln National 
Forest, New Mexico, with the owners of Ranchman's Camp and the C Bar X 
Ranch, to adjust the proclamation boundary of that national forest, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 21, 2006

  Mr. Pearce introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL


 
  To provide for the exchange of certain land in the Lincoln National 
Forest, New Mexico, with the owners of Ranchman's Camp and the C Bar X 
Ranch, to adjust the proclamation boundary of that national forest, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Lincoln National 
Forest Act of 2006''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
                        TITLE I--LAND EXCHANGES

Sec. 101. Ranchman's Camp land exchange, Lincoln National Forest, New 
                            Mexico.
Sec. 102. C Bar X Ranch land exchange, Lincoln National Forest, New 
                            Mexico.
Sec. 103. Provisions applicable to both land exchanges.
                     TITLE II--BOUNDARY ADJUSTMENT

Sec. 201. Proclamation boundary defined.
Sec. 202. Lincoln National Forest proclamation boundary adjustment.
Sec. 203. Miscellaneous provisions.

                        TITLE I--LAND EXCHANGES

SEC. 101. RANCHMAN'S CAMP LAND EXCHANGE, LINCOLN NATIONAL FOREST, NEW 
              MEXICO.

    (a) Conveyance Authorized.--If the owners of Ranchman's Camp, New 
Mexico, offer to convey to the United States all right, title, and 
interest of the owners in and to the non-Federal land depicted for 
exchange on the map entitled ``Ranchman's Camp Land Exchange'' and 
dated June 3, 2006, the Secretary of Agriculture may accept title to 
the land on behalf of the United States and convey in exchange to the 
owners all right, title, and interest of the United States in and to 
the Federal land in the Lincoln National Forest depicted for exchange 
on such map.
    (b) Easements.--Simultaneously with the exchange of Federal land 
and non-Federal land under subsection (a), the Secretary and the owners 
of Ranchman's Camp shall exchange, at no additional consideration, 
nonexclusive reciprocal easements for access and utilities across, 
over, and through Forest Road 105, as depicted on the map referred to 
in such subsection.
    (c) Treatment of Map.--The map referred to in subsection (a) shall 
be available for inspection in the Office of the Chief of the Forest 
Service and the Office of the Supervisor of Lincoln National Forest 
during the period beginning on the date of the enactment of this Act 
until one year after completion of the land exchange authorized by such 
subsection.
    (d) Completion.--To the extent practicable, the Secretary shall 
complete the land exchange authorized by subsection (a) not later than 
180 days after the date on which the owners of Ranchman's Camp make the 
offer described in such subsection, unless the Secretary and the owners 
agree to extend such deadline.

SEC. 102. C BAR X RANCH LAND EXCHANGE, LINCOLN NATIONAL FOREST, NEW 
              MEXICO.

    (a) Conveyance Authorized.--If the owners of C Bar X Ranch, New 
Mexico, offer to convey to the United States all right, title, and 
interest of the owners in and to the non-Federal land depicted for 
exchange on the map entitled ``C Bar X Ranch Land Exchange'' and dated 
June 3, 2006, the Secretary of Agriculture may accept title to the land 
on behalf of the United States and convey in exchange to the owners all 
right, title, and interest of the United States in and to the Federal 
land in the Lincoln National Forest depicted for exchange on such map.
    (b) Easements.--Simultaneously with the exchange of Federal land 
and non-Federal land under subsection (a), the Secretary and the owners 
of C Bar X Ranch shall exchange, at no additional consideration, 
nonexclusive reciprocal easements for access and utilities across, 
over, and through Forest Road 488 and Forest Road 105, as depicted on 
the map referred to in such subsection.
    (c) Treatment of Map.--The map referred to in subsection (a) shall 
be available for inspection in the Office of the Chief of the Forest 
Service and the Office of the Supervisor of Lincoln National Forest 
during the period beginning on the date of the enactment of this Act 
until one year after completion of the land exchange authorized by such 
subsection.
    (d) Completion.--To the extent practicable, the Secretary shall 
complete the land exchange authorized by subsection (a) not later than 
180 days after the date on which the owners of C Bar X Ranch make the 
offer described in such subsection, unless the Secretary and the owners 
agree to extend such deadline.

SEC. 103. PROVISIONS APPLICABLE TO BOTH LAND EXCHANGES.

    (a) Exchange Processing.--Numerous surveys, clearances, reviews for 
threatened and endangered species, and reviews of cultural and 
historical resources have been conducted with regard to the land 
authorized for exchange under this title. There is no need to conduct 
additional duplicate studies or surveys to complete the land exchanges.
    (b) Final Maps and Descriptions.--The exact acreage and legal 
description of the land authorized to be exchanged under this title 
shall be more particularly delineated and described by the Secretary of 
the Interior according to a final boundary map and boundary 
description, which shall be filed in the Office of the Chief of the 
Forest Service.
    (c) Equal Value Exchange.--
            (1) Equal value exchange required.--The market value of the 
        Federal land and non-Federal land covered by each land exchange 
        authorized by this title shall be equal or equalized as 
        provided by subsection (d) or by adjusting the acreage to be 
        conveyed in the land exchange, as determined by the Secretary 
        and agreed to by the private land owners.
            (2) Appraiser qualifications.--The appraisal of the land 
        authorized to be exchanged under this title shall be conducted 
        by an appraiser with the following minimum qualifications:
                    (A) Licensed New Mexico real estate appraiser.
                    (B) Certified New Mexico real estate appraiser.
                    (C) Accredited rural appraiser.
            (3) Costs of appraisal; other costs.--The owners of the 
        non-Federal land to be exchanged under this title shall cover 
        the costs of the land appraisal. The private land owners and 
        the Secretary shall each pay half of any additional costs.
    (d) Cash Equalization.--
            (1) Authorized amount.--Notwithstanding section 206(b) of 
        the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
        1716(b)), the Secretary may accept a cash equalization payment 
        in excess of 25 percent of the total value of the Federal land 
        conveyed by the Secretary under section 101 or 102.
            (2) Deposit and use.--Any cash equalization payment 
        received by the Secretary under this section shall be deposited 
        into a fund established under the Act of December 4, 1967 
        (commonly known as the Sisk Act; 16 U.S.C. 484a). The deposited 
        amounts shall be available to the Secretary, until expended and 
        without further appropriation, for the acquisition of lands and 
        interest in land in New Mexico and associated administrative 
        costs. Such amounts shall not be subject to transfer or 
        reprogramming for wildland fire management or any other 
        emergency purposes.
    (e) Title.--Title to the non-Federal land to be acquired by the 
United States under this title shall be acceptable to the Secretary and 
in conformity with the title standards of the Attorney General. Title 
to the Federal land shall be conveyed under this title by patent.
    (f) Completion.--To the extent practicable, the Secretary shall 
complete the land exchange authorized by subsection (a) not later than 
180 days after the date of enactment, unless the Secretary and the 
owners of the non-Federal lands, respectively, agree to extend such 
deadline.
    (g) Revocations and Withdrawal.--
            (1) Revocation.--Any public land orders withdrawing any of 
        the Federal land from appropriation or disposal under the 
        public land laws are revoked to the extent necessary to permit 
        conveyance of the Federal land under this title.
            (2) Withdrawal.--Subject to valid existing rights, pending 
        the completion of the land exchanges authorized by this title, 
        the Federal land identified for conveyance are withdrawn from 
        all forms of location, entry, and patent under the mining and 
        public land laws, and from disposition under the mineral 
        leasing laws and the Geothermal Steam Act of 1970 (30 U.S.C. 
        1001 et seq.).
    (h) Valid Existing Rights.--The conveyance of any Federal land 
under this title shall be subject to valid existing rights, and to such 
terms and conditions as the Secretary considers are in the public 
interest and agreed to by the private land owners.
    (i) Administration.--The Secretary shall manage the land acquired 
by the United States under this title in accordance with the Act of 
March 1, 1911 (commonly known as the Weeks Act; 16 U.S.C. 480 et seq.), 
and in accordance with the other laws and regulations applicable to the 
National Forest System.

                     TITLE II--BOUNDARY ADJUSTMENT

SEC. 201. PROCLAMATION BOUNDARY DEFINED.

    In this title, the term ``Proclamation Boundary'' means the 
exterior limits of the Lincoln National Forest in the State of New 
Mexico established by Presidential Proclamation 32 (32 Stat. 2018) 
signed by President Theodore Roosevelt on July 26, 1902, and 
subsequently modified by Presidential Proclamation 1474 (40 Stat. 
1832), signed by President Woodrow Wilson on August 9, 1918.

SEC. 202. LINCOLN NATIONAL FOREST PROCLAMATION BOUNDARY ADJUSTMENT.

    (a) Modification.--The 1902 Proclamation Boundary of the Lincoln 
National Forest is modified in section 20, township 7 south, range 16 
east, New Mexico principal meridian to include only the NE\1/4\NE\1/4\ 
of such section, thereby excluding all non-National Forest System lands 
in such section as of the date of the enactment of this Act.
    (b) Availability.--To reflect the boundary adjustment effected by 
subsection (a), a legal land description signed and approved by the 
Regional Forester, Albuquerque, New Mexico, shall be on file and 
available for public inspection in the Office of the Chief of the 
Forest Service and the office of the Regional Forester, Albuquerque, 
New Mexico.
    (c) Correction Authority.--The Secretary of Agriculture may make 
minor technical and clerical corrections to the legal description to 
facilitate the boundary adjustment.

SEC. 203. MISCELLANEOUS PROVISIONS.

    (a) Administration.--Any and all land or interests in land 
remaining within the boundaries of the Lincoln National Forest shall be 
managed for National Forest System purposes in accordance with--
            (1) the Act of March 1, 1911 (commonly known as the Weeks 
        Act; 16 U.S.C. 480 et seq.); and
            (2) the laws and regulations applicable to the National 
        Forest System.
    (b) Land and Water Conservation Fund.--For purposes of section 7 of 
the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9), 
the boundaries of the Lincoln National Forest, as adjusted by this 
title, shall be considered to be the boundaries of the national forest 
as of January 1, 1965.
    (c) Effect.--Nothing in this Act limits the authority of the 
Secretary of Agriculture to adjust the boundaries of the Lincoln 
National Forest under section 11 of the Act of March 1, 1911 (16 U.S.C. 
521).
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